People v. Doherty
| Decision Date | 23 November 1987 |
| Citation | 521 N.Y.S.2d 397,134 A.D.2d 513 |
| Parties | The PEOPLE, etc., Respondent, v. James J. DOHERTY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Dale B. Weiss, Garden City, for appellant. Patrick Henry, Dist. Atty., Riverhead (Guy Arcidiacono, of counsel), for respondent.
Appeal by the defendant from two judgments of the County Court, Suffolk County (Cacciabaudo, J.), both rendered March 19, 1984, convicting him of attempted robbery in the the third degree under Indictment No. 2780/83, and driving while intoxicated as a felony, under Indictment No. 2450/83, upon his pleas of guilty, and imposing sentences. ORDERED that the judgments are affirmed. The sentencing court did not abuse its discretion in denying, without a hearing, the defendant's pro se motion to vacate his guilty pleas on the ground that he was innocent, that his pleas were the product of coercion and intimidation and that he was denied the effective assistance of counsel (People v. Frederick, 45 N.Y.2d 520, 410 N.Y.S.2d 555, 382 N.E.2d 1332; People v. Irizzary, 125 A.D.2d 589, 509 N.Y.S.2d 652, lv. denied 69 N.Y.2d 829, 513 N.Y.S.2d 1036, 506 N.E.2d 547). The record indicates that the defendant knowingly, voluntarily and intelligently waived his rights in pleading guilty (see, People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170; People v. Bass, 125 A.D.2d 480, 509 N.Y.S.2d 483) and that he readily and without hesitation made a full factual allocution admitting his guilt of the crimes (People v. Soto, 129 A.D.2d 748, 514 N.Y.S.2d 508, lv. denied 70 N.Y.2d 657, 518 N.Y.S.2d 1051, 512 N.E.2d 577; People v. Kafka, 128 A.D.2d 895, 513 N.Y.S.2d 820, lv. denied 69 N.Y.2d 951, 516 N.Y.S.2d 1035, 509 N.E.2d 370; People v. Colon, 125 A.D.2d 484, 509 N.Y.S.2d 579). Moreover, under the circumstances, where the record indicates no basis for allowing withdrawal of the pleas or directing a hearing on the issue (see, People v. Tinsley, 35 N.Y.2d 926, 365 N.Y.S.2d 161, 324 N.E.2d 544; People v. Stubbs, 110 A.D.2d 725, 487 N.Y.S.2d 824), counsel's failure to join in the pro se motion was neither ineffective assistance of counsel nor, in the absence of a request by the defendant, a basis for an order relieving counsel and assigning new counsel.
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